State v. Hammond
South Dakota Supreme Court
Error in circuit court, Turner county. Hon. E. G. Smith, Judge. Harry Hammond was convicted of assault with a deadly weapon, with intent to do bodily harm, and from an order granting his motion for a new trial, the state brings error.
Read the full summary
Error in circuit court, Turner county. Hon. E. G. Smith, Judge. Harry Hammond was convicted of assault with a deadly weapon, with intent to do bodily harm, and from an order granting his motion for a new trial, the state brings error. The presumption is, in the absence of any evidence to the contrary, that the defendant was satisfied with the jurors sworn, and by going to trial without making any objections to the jurors as sworn he waived the right to allege as error the rulings of the court in sustaining or overruling challenges for cause to the individual jurors or the manner in which the…
1Opinion of the CourtCorson, J.
This case comes before us on writ of error sued out on behalf of the state. An information was filed against the defendant, charging him with the crime of having made an assault upon one Harry Williams with a deadly weapon, with intent to do bodily harm. The defendant was convicted, and subsequently, on his motion, a new trial was granted, and the object of this writ of error is to reverse that order. The motion for a new trial was made upon the following grounds: “The court erred in the decision of questions of law arising during the course of the trial. That the verdict is contrary to law.…
2Cases cited7 opinions
- Palmer v. PeopleNebraska Supreme Court · 1875
- State v. DineenSupreme Court of Minnesota · 1865
- Jenkins v. MitchellNebraska Supreme Court · 1894
- Sullings v. ShakespeareMichigan Supreme Court · 1881
- Brumback v. German National BankNebraska Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. Blue ThunderSouth Dakota Supreme Court · 1991
- People v. SeawrightCalifornia Court of Appeal · 1925
- State v. PageSouth Dakota Supreme Court · 1902
- State v. Blue ThunderSouth Dakota Supreme Court · 1991